4. Authorising
the preparation and execution of Contracts for Sale and any other necessary
documents under the Common Seal of Council;

5. Endorsing
the revised method of procurement for the builder as “Design &
Construction with 2 Stage Early Contractor Engagement”; and

6. Noting
that a report will be provided to Council as soon as possible outlining the
procurement steps to engage the design team going forward.

There were four speakers four the motion and four speakers
against the motion.

At the conclusion of the final speaker against the
rescission motion, Councillors Rhoades, Swan, Arkan and Amos left the
meeting, the time being 6.29pm.

At this point, the Mayor adjourned the meeting for 30
minutes due to lack of quorum, the time being 6.29pm.

At 7.00pm the meeting was reconvened with Crs Knight,
Townley, Cecato and Adendorff in attendance, the Mayor asked were there any
other Councillors who were going to rejoin the meeting.

Due to a lack of quorum, the Mayor advised that the
meeting will be reconvened at 11am Friday 26 July 2019, commencing with the
right of reply, as there is still business to transact.

At 11.00am on 26 July 2019, the meeting was reconvened
with Crs Knight, Cecato, Adendorff and Townley in attendance.

The Mayor asked if there was a quorum and if there were
any apologies. There was no quorum and no apologies, noting that
Councillors Amos, Rhoades, Swan and Arkan were observed standing in the
foyer, the meeting was adjourned for 30 minutes, the time being 11.01am.

At 11.31am the meeting was reconvened with Crs Knight,
Townley, Cecato and Adendorff in attendance. The four absent Councillors were
observed to still be standing in the foyer.

Due to a lack of quorum, the Mayor advised that the
meeting will be reconvened at 5pm Thursday 8 August 2019, commencing with the
right of reply.

At 5.00pm on 8 August 2019, the meeting was reconvened
with Crs Knight, Adendorff, Amos, Arkan, Cecato, Rhoades, Swan, Townley in
attendance.

Acknowledgement of Country

We respectfully acknowledge the Gumbaynggirr Country and
the Gumbaynggirr Aboriginal peoples who are traditional custodians of the
land on which we meet and their Elders both past and present.

The Mayor reminded the Chamber that the meeting was to be
recorded and live audio streamed, and that no other recordings of the meeting
would be permitted.

On reconvening the business of the 25 July 2019 meeting Cr
Rhoades was invited to exercise his right of reply. Following several
questions from Councillors, Cr Rhoades then exercised his right of reply,
during this he tabled a petition.

RM 19/01 was then put to the vote:

For: Crs
Amos, Arkan, Rhoades and Swan

Against: Crs
Knight, Adendorff, Cecato and Townley

The RESCISSION MOTION
on being put to the meeting resulted in a tied vote. The Mayor
used her casting vote and the RESCISSION
MOTION was declared LOST.

Council’s Bank
Balances and Investments as at 30 June 2019 totalled $220,767,239.59. Council
receives independent advice and invests surplus funds in accordance with
Council’s Investment Policy to maximise investment income and preserve
capital to assist with funding requirements for projects listed under the My
Coffs Community Strategic Plan.

Also included in the
monthly report is a summary of Council’s Socially Responsible
Investment Performance (refer Attachment 1). In this final Monthly Investment
Performance Report for the Financial Year Ending 30 June 2019, further
analysis is provided of Council’s Socially Responsible Investment
Performance against last financial year in the Issues section of this report.

1.Note the bank balances and investments totalling $220,767,239.59
(including from loans, Developer Contributions and other avenues that form
the restricted accounts and are committed for future works) as at 30 June
2019.

Council approved a new Environmental Levy (EL) Policy at
its meeting on 10 May 2018 with an implementation date of 1 July 2018.
The purpose of the policy is to provide the framework for the allocation of
Environmental Levy funds to support major Council environmental initiatives
and a community based Environmental Levy Grants Program. A review date of 1
July 2019 was determined to allow an early review to make any improvements
based on the first year of operation.

This report provides a review of the Environmental Levy
Policy after the first year of operation. This report will also address
Council resolutions that have been raised in relation to the Environmental
Levy Policy, including Resolution numbers 2019/58, 2018/116, and 2018/146, as
contained within the body of the report.

The main points of consideration within this report
include the expansion of the EL Major Strategic Programs and Projects themes
to include environmental health and water quality testing initiatives and an
increase in Council’s Water Fund allocation to fund prospective
projects under the expanded theme. There are proposed updates to the policy
to include a provision for Environmental Levy Grants Program projects to
submit half-yearly progress reports.

1.Supports in principle the establishment in the near future of a
permanent year round Regional Athletics Centre, consisting of an
international standard 400m multi-lane (minimum 8) all weather
synthetic-surfaced track and field facility, to be situated in the Coffs
Harbour Local Government Area to service Coffs Harbour and the surrounding
area and for the overall benefit of the North Coast Region.

2.Recognises the establishment of a Regional Athletics Centre would
presently be dependent on funding being provided by the State and/or Federal
Governments, with the contribution of Council being the provision of land.

3.Undertakes to identify and report on suitability of potential sites
for the establishment of a permanent Regional Athletics Centre, with a
supporting funding allocation of $40,000 from the Community Facilities
Reserve.

1.Refuse the request to vary a development standard made pursuant to
Clause 4.6 of Coffs Harbour Local Environmental Plan 2013 for the variation
to the Height of Buildings control under Clause 4.3 of Coffs Harbour Local
Environmental Plan 2013 in this particular case.

Coffs Harbour
Development Control Plan 2015 (‘DCP 2015’) came into force on
21 October 2015 and gives effect to Coffs Harbour Local Environmental Plan
2013 (‘LEP 2013’). To ensure that it remains up to date and
facilitates positive growth outcomes for the Coffs Harbour Local Government
Area (LGA), Council routinely undertakes housekeeping reviews of DCP 2015.

The purpose of this report
is to seek endorsement from Council to undertake a fourth housekeeping review
of DCP 2015 to address a resolution from Council’s Ordinary Meeting of
9 May 2019. At that meeting, Council resolved to release a ‘restriction
on use’ that applies to Lots 32-35, DP1237515, Cobia Close, Korora and
to amend front, side and rear setback requirements for this land, to address
perceived amenity issues from adjoining landowners that could result from
future development on the land.

1.Endorse and publicly exhibit draft Coffs Harbour Development
Control Plan 2015 – Amendment No. 13 (Housekeeping 4) (Attachment
1) for a minimum of period of 28 days and notify adjoining and affected
property owners.

2.Consider a further report, outlining the outcomes of public exhibition
of draft Coffs Harbour Development Control Plan 2015 – Amendment No.
13 (Housekeeping 4).

The Motion
on being put to the meeting was carried unanimously.

Carried

SC19/29 Contract
No. RFT-955-to Design and Construct Solar PV Systems

Executive Summary

Council adopted the Renewable
Energy and Emissions Reduction Plan (REERP) on 14 April 2016. The REERP
details Council’s commitment to corporate targets of 100% renewable
energy by 2030 and 50% reduction in emissions by 2025. A target of 25%
renewable energy and emissions reduction by 2020 was also adopted on 14 April
2016.

The intent of the Solar PV
Systems Project is to generate renewable energy to be used by Council’s
assets, to significantly reduce emissions and to realise the savings in
energy costs from this investment. This project is particularly
important as it demonstrates Council’s ongoing commitment in accordance
with Council’s Sustainability and Climate Change Policies.

To achieve this objective,
Council went to tender for the Design and Construction of Solar Photovoltaic
(PV) System installations on 16 Council owned assets throughout the Coffs
Harbour Local Government Area (LGA). Council received ten responses and all
tenderer prices received significantly exceed the project’s anticipated
budget.

Council resolved on 9 May
2019, to decline all tenders received for Contract No. RFT-955-TO Design,
Construct and Install Solar Photovoltaic (PV) Systems on Council Sites, and
to enter into negotiations with any person (whether or not the person was a
tenderer) with the view to entering into a contract in relation to the
subject matter of the tender.

2.2.The
tenderer has the necessary experience in similar works and their ability and
performance are satisfactory; and

2.3.The tenderer’s financial capacity is acceptable

3.That the contract documents be executed under delegated authority by
the General Manager.

For: Crs
Knight, Adendorff, Arkan, Cecato, Swan and Townley

Against: Crs
Amos and Rhoades

Carried

Crs
Rhoades and Swan declared an interest in the following item, vacated the
chamber and took no part in the discussion or voting, the time being 6.10pm.

SC19/30 2019/2020
Community Capital Infrastructure Grants Program

Executive Summary

Council’s 2019/20 Operational Plan allocates an
amount of $327,800 for the Community Capital Infrastructure Grant Program to
fund community infrastructure projects. Council sought applications
from not-for-profit organisations seeking to construct new public facilities
or to refurbish existing infrastructure.

In response, 26 applications requesting $512,078 for the
grant were received for proposed projects to the total value of
$1,377,132. Council considered all applications for capital funding in
accordance with the assessment criteria with 17 proposals being recommended
for funding, totalling $325,300 inclusive of a provision for project
management.

Council has called tenders for the replacement of the
existing roof sheeting on the Sportz Central indoor stadium. Council has
received $400,000 in grant funding through Sport Australia’s Community
Sport Infrastructure program.

No tender prices were received by Council at the closure
of the 21-day tender period.

1.In accordance with s178(3)(e) of the Local Government (General)
Regulations 2005, enter into negotiations with any person (whether or not the
person was a tenderer) with the view to entering into a contract in relation
to the subject matter of the tender on the basis that:

1.1No
Tenders were received.

1.2Retendering
in the open market is unlikely to provide a better outcome for Council.

2.Receive a further report if negotiations do not result in a Contract
within the allocated budget.